1. In these Conditions “the Company means Comar Engineering Services Limited and “Equipment” means all goods of any description whatsoever to be supplied by the Company to the Customer and “Services” means work of any description to be carried out by the Company on behalf of the Customer.
2. There shall be no Contract in existence between the Company and the Customer until such time as the Company shall have issued a written acceptance of the Customer’s order. Any order so accepted is accepted subject to the Company’s General Conditions of Sale, subject to any variations in respect of such Conditions as may be agreed in writing by the Company. Any variation of these Conditions in any document of the Customer is inapplicable unless accepted in writing by the Company.
3. Payment in respect of the supply of equipment by the Company shall be due on the date on which the Company gives notice to the Customer that the equipment is ready for despatch or, failing such notice, within thirty days of the date of delivery.
Payment in respect of the provision of services by the Company shall be due thirty days after the date of the invoice of the Company.
All payments are to be made free of all costs charges or deductions at the Company’s offices in sterling or at such other place as the Company may direct.
4. Contracts and orders are accepted subject to the Company receiving any necessary license to purchase or to use the required raw materials and to the Company being able to obtain such raw materials.
5. Any price quoted by the Company or comprised in the order or Contract is provisional only and subject to any increase in the cost of labour and/or materials.
All prices quoted are exclusive of V.A.T. and prices for delivery are ex-works. The Customer will be required to pay, in addition to the quoted price, for carriage, freight or postage to the Customer’s premises. The minimum price for any transaction by the Company will be £10, subject to V.A.T., carriage, freight or postage as set out above.
6. Where a period is named for delivery and such period is not extended by mutual consent in writing or under the provisions of Clause 6(4) hereof, the customer shall take delivery within that period:-
(1) The Company will use its best endeavours to maintain the specified delivery date.
(2) Any time or date for delivery named by the Company is an estimated only and the Company shall not be liable for the consequence of any delay.
(3) Time for delivery shall run from whichever is the latter of:
(a) the date the Company accepts the Customer’s order, or
(b) the date of receipt by the Company of all necessary specifications and approvals to enable manufacture to proceed.
(4) If delivery of equipment shall be delayed at the request of the Customer, the Company reserves the right to make an additional charge in respect of storage and consequential cost.
7. Deliveries may wholly or partially be suspended and the time of such suspensions added to the original Contract in the event of stoppage, delay or interruption of work in the establishment of the Company during the delivery period as a result of strikes, lock-outs, trade disputes, accident or any cause whatsoever beyond the control of the Company and also as a result of delay or default by the Customer in payment of the Customer’s account and by changes in the specification requested by the Customer.
8. The Company's goods are inspected prior to despatch and when practicable are submitted to standard test thereto. If the Customer requires special tests and if the Company agrees thereto, then such tests will be charged to the Customer in addition to the quoted price. Any performance figures given by the Company are based upon experience and are such as the Company expect to obtain under normal conditions of service and no warranty or guarantee is given or to be implied in respect of such performance figures.
9. The cost of installation or erection of any item of equipment and any part required in respect of such installation is excluded from the Contract unless and to the extent that it is specifically included therein.
10. Unless specified to the Contrary, all packaging material is charged in addition to the price quoted.
11. The risk of any loss or damage to or deterioration of the equipment from whatever cause arising should be borne by the Customer from time to time of despatch from the Company’s premises, but property shall only pass to the Customer when payment in full has been received by the Company.
12. The Company guarantees goods of its own manufacture provide that:-
(a) if within the period of six calendar months after such goods shall have been dispatched or installation is completed (if applicable) and subject to payment having been received by the Company the Customer gives notice in writing to the Company of any defect in the goods, which shall arise under proper use from faulty design (other than a design made, furnished or specified by the Customer) materials or workmanship, the the Company shall with all possible speed replace or repair the goods so as to remedy the defects without cost to the Customer.
(b) the Customer shall as soon as practicable after discovering any such defect of failure return the defective goods or parts thereof to the Company at the Customer’s risk and expense.
(c) notwithstanding anything in these Conditions, the Company shall be under no liability to the Customer in respect of loss or defects in goods supplied except as specified in these Conditions nor shall the Company be responsible for any personal injury, damage or loss of any kind attributable to defects in such goods supplied, services rendered or work done by the Company, but the Customer will keep the Company indemnified against any such claim.
(d) the Customer cannot assign the benefit of this guarantee on a re-sale of the goods by the Customer and the guarantee shall not relate to equipment which the Customer lets out on hire.
(2) Any goods not manufactured by the Company but supplied by the Company to the Customer shall have the benefit of any guarantee given to the Company by the Company's supplier.
13. Drawings and specifications and photographs in the catalogues and the literature of the Company as supplied with tenders or otherwise represent the equipment and systems so described in a general nature. They do not form part of the Contract and they j do not necessarily represent the exact construction, size or weight of the equipment or system which will be supplied for a particular order. Any performance figures or any catalogue or type description of components stated in a tender are those which the Company currently employ in a system of the specified type and the Company reserves the right to amend the details of the systems and the components in the light of technical developments or other circumstances prior to delivery or installation provided that the Customer shall not be required to accept any equipment which is materially and substantially different from that which the Customer has contracted to purchase.
14. Unless otherwise agreed, the Contract shall be subject to English Law.
